Calculating Contract Damages In A Volatile Market

Law360, New York (February 3, 2012, 1:57 PM EST) -- With the volatility that markets have experienced in the past few years — including markets for real estate, stocks and other assets — litigation increasingly involves disputes over the relevant time period for measuring damages in contract breach actions. The difference between measuring damages when market conditions are strong and when they are weak could result in dramatic changes in the ultimate calculation of damages.

The general rule of thumb is that “damages are measured as of the time of breach.” But that is not always...
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